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41. The Complainants submitted that the Respondent State's practice in other cases, confirmed by the findings of the Court's judgments in the present case, as well as the Respondent State's most recent comments to the Human Rights Committee underscore that the Complainants do not have any prospect of obtaining a remedy in the Respondent State that would be capable of redressing the violations committed as a result of the application of Articles 126 and 145 of the 1991 Criminal Code, which the courts confirmed to form part of the Respondent State's legal framework, and that the Respondent State seems determined to maintain the status quo. 42. The Complainants submitted that the absen~e 8tw~.ri~€ff~~t1~e and sufficient re.med.yis further underlined by the Respondent State s ure to re ' dy the alleged VIolations despite ample notice and time to do so. , '~i.Jurthe gue that, under these circumstances, victims of human rights violations 1ia~eno tive but to seek justice outside the Respondent State. The Complainants subiriitte at '0 e Respondent State had ignored calls from other gove~~ments, 'a lettef '.~,£,:r0urgen'", I from the Commission, a request from tl").,~ United' ~ations ~d the me~t~for the "rnment to intervene and prevent harm to tMefirst Victim, which led to the'SgrstComplainant giving birth in custody. k, , ' y-t;",- 'j: 43. ",,(0 ,x' .' n., The Complainants furt1l:~~4}trgued tha ats and !la"rassmentforced them to leave the Respondent State. The CblUplainan~~.' ,~i,tted that: the victims could not stay in the + .;\: --. Respondent State to exhaust domestic remedies, as doing so would have exposed them to a risk to their lives.>They furtl\~r;jJ'.,ubmitted ili~.t~hejurisprudence of the Commission ,' .t, 't''\/< 'I" '" provides that "';theexistence of a fe~~~y must be s'4~ficientlycertain, not only in theory but also in practiser failing which it w~!:1li~a,ck the requisite accessibility and effectiveness. Therefore, if the: applicant cannot turri~)o,the judiciary of this country because of a gen~rFllisedfear for his life (or even thos'~ 9f his relatives), local remedies would be con~i;', N, ," available tC;>,him."6 ' ,0 , : ;-. ,.t.'. :\_ 44. Providing information to supportthe contention above, the Complainants submitted that the victimsfaced ~ar;assrpent and intimidation from the agents of the Respondent State, referring to;," " :i:£est ~~,~rport and subsequent detention at a National Intelligence and Security ce (NISS) aetention facility. They stated that the first Victim and her family also recel~~d death threats from extremist religious groups, such as one called "Hamza", which R,}lbliclystated that they would kill the first Victim and everyone who helped her. It is all~ged that more threats were received from the initial plaintiff, who claims to be a brother to the first Victim, who allegedly announced that the family would carry out the death sentence if she were acquitted of apostasy and that she deserved to be executed. As a result of those threats, it was submitted that the Complainants had to seek refuge in the Embassy of the United States of America on two occasions. at ~-'~. _/~~~ i~~'o"" (.CRETAR/11-1tO ,o~' S .,.. ~ ~ . .'~'? Communication 288/2004, paras.63, 74; Communication Communication 232/1999, para.19. 6Communication147/95-149/96,para.35. 5 215/98, para.24; Communication 1~/19Sl 01- '.., !~ ~ [3 () ~ ~l ;::~ .§ c;: ,\;;;~ "" , AU-UA u.s, '0,\ .ito ...J~ldCA\~'\ 1" ~'E ---..- ~-:" ... 0' o'i;..'-:> Co ET Of'" / ' ({'v<V)' '(0 "/ f

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Communication 471/14 - Meriam Yahia Ibrahim and three more v. Sudan

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Detention Facilities/Conditions
Equality
Equality Before the Law
Freedom from Discrimination
Freedom of Movement
Freedom of Religion
Personal Liberty
Personal security
Pregnant women / mothers (with infant) in conflict with the law
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Family
Right to Health
Right to Life
Sexual and Reproductive Health Rights
Torture and Ill Treatment
Women in prison
Women's Rights

Case Head Notes: The first victim, whose father was a Sudanese Muslim, and whose mother was an Ethiopian Christian, married a Christian and was consequently arrested for adultery. A charge of apostasy was also added against the first victim because her father was a Muslim, and according to Article 126 of the 1991 Criminal Code, she was prohibited from changing to another religion. The first victim was arrested with her child, and detained in prison. Upon convicting the first victim of apostasy, the Court gave her three days to recant her faith, or face the possible sentence of death. While the Court of Appeal revoked the convictions and sentences, and ordered the first victim's immediate release, in 2014, all victims (the first victim and her family) were arrested when they were about to leave the Respondent State. They were subsequently detained at a detention facility and denied access to lawyers. Following negotiations between Italy and the Respondent State, the victims left Sudan for Italy. The Commission found a violation of Article 2, stating that it is unjust to apply religious laws against individuals who do not follow that particular religion, and also because non-Muslims have the right to be judged by a secular court. They also noted that women and men experience differential treatment with respect to justifying their intermarriages. The Commission found a violation of Article 3 stating that there was no justifiable basis for the first victim's adultery conviction, particularly when her husband was not similarly found guilty for intermarriage. The Commission found a violation of Article 4, on account of the gravely inadequate and inhumane conditions in the detention facility, and additionally because the death sentence, and associated threats against the first victim were traumatic. Noting that it is a violation of Article 4 when individuals are forced to go into hiding, the Commission also stated that the Respondent State failed to protect the victims lives, despite the known threat from extremist groups, which forced the victims to leave Sudan for their safety. The Commission found a violation of Article 5 noting the physical and emotional trauma the victims experienced. Specifically, the ongoing intimidation of the victims, including demanding the first victim to change her religion or face the death penalty, and shackling the first victim for most of her detention contravened Article 5. The Commission found a violation of Article 6 because the Respondent State failed to safeguard the victims' physical well-being against maltreatement by government authorities, and private individuals, and, further, agreed with the Complainants' argument that the first victim was arrested and detained on a discriminatory basis. The Commission found a violation of Article 7 because the victims were denied access to lawyers, faced discrimination based on gender, and also becuase of incorrect assumptions by the Court regarding the Court's own jurisdiction, and the victim's relgious beliefs. The Commission found a violation of Article 8, stating that incorrect assumptions regarding the first victim's faith hindered her ability to profess and practice her religion, and further noting that the criminalization of her supposed change in religion also violated Article 8. The Commission found a violation of Article 12 stating that the continued threats by third parties, which the Respondent State has failed to protect the victims from, prevents the victims from returning to Sudan safely. They note that the Respondent State's failure to protect also forced the Complainants to leave Sudan against their will, in order to protect themselves. The Commission found a violation of Article 16 because the victims were deprived of basic needs, including access to food, basic hygiene, and medical care during their incarceration. They also specifically noted that the absence of antenatal and postnatal care, and neonatal care, violated the right to heatlh. The Commission found a violation of Article 18, generally, because of the interference in the victims' family life and, specifically, because of discrimination in the first victim's right to choose a spouse. On account of the other violations, the Commission found a violation of Article 1. The Commission urged the Respondent State to take all measures to provide effective remedies, including restitution, compensation, policy reforms, public apology, and legal reforms. They also recommended a prompt and impartial investigation into the First Victims's arrest, detention, conviction and sentencing and requested the Respondent State to provide an update on implementation.

Country

Sudan

Outcome: Decided on Merits

Year Decided: Mar 8, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 12: Right to Freedom of Movement
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Duration of Procedure

Jun 2, 2014 ~ Mar 8, 2024

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

Meriam Yahia Ibrahim and Three More v Sudan.pdf
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African Human Rights CLA 2.0

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Communication 471/14 - Meriam Yahia Ibrahim and three more v. Sudan

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